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MATTER OF GANS v. NEW YORK STATE TAX APPEALS TRIBUNAL

530447.

194 A.D.3d 1209 (2021)

2021 NY Slip Op 03089

In the Matter of Robert Gans, Petitioner, v. New York State Tax Appeals Tribunal et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 13, 2021.

Attorney(s) appearing for the Case

Kostelanetz & Fink, LLP, New York City ( Kevin M. Flynn of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Frederick A. Brodie of counsel), for Commissioner of Taxation and Finance, respondent.

Lynch, Clark, Pritzker and Colangelo, JJ., concur.

Petitioner serves as managing member of The Executive Club LLC, which operates an adult entertainment establishment (hereinafter the club) in Manhattan, and is a person responsible for that entity's payment of taxes. After guests paid an entry fee using either cash or credit card, they were able to view live performances in the main...

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